MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             20 May 1999              
	DOCKET NUMBER:     AR1999020995

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O Fry, Jr.		Member	
	Ms. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his general discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that based upon his medical records he had a history of drug abuse and was not afforded the opportunity to enroll in a drug rehabilitation program prior to his discharge.  He also stated that he was not provided treatment and was merely evaluated while serving in Germany and assigned to the Medical Holding Company in Valley Forge General, Phoenixville, Pennsylvania.  He further stated that he never had a drug related infraction or duty related drug incident.  He concluded by stating that he was unaware of the review mechanisms for Vietnam Era Veterans and that he did not apply for an automatic upgrade of his discharge.  In support of his application he submits a copy of his Standard Form 89 (Report of Medical History), Form 1AA 653-1 (Individual’s Statement), and VFFL 836 (Separation under AR 635-212). 

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted on 5 September 1969 and served as a light weapons infantryman.

On 27 March 1969, the applicant was air evacuated from Frankfurt, Germany, and was admitted to Valley Forge General Hospital in Phoenixville, Pennsylvania.  The applicant informed the psychiatrist that he was suffering from symptoms of heroin withdrawal.  He also stated that he had a five-year history and previous arrest for heroin use in civilian life.  He further stated that heroin makes him function better and that he was unable to get access to heroin while in Germany and this is why he was going through a withdrawal.  

The applicant was diagnosed by the psychiatrist on the same day as having a personality disorder, paranoid personality, manifested by life-long history of suspiciousness, anxiousness, evasiveness, guardedness, low tolerance of frustration.  Stress:  routine military duty.  Predisposition:  life-long inability to trust people.  Condition:  unchanged.  Drug addiction, heroin and others specified.  

The psychiatrist prepared a brief clinical abstract in which he indicated that the applicant gave a history of marked social inadaptabilty prior to and during service.  He also indicated that the applicant used poor judgement, was not committed to any productive goals and was completely unmotivated for further service.  He further indicated that the applicant would not adjust to further military service and that further rehabilitative efforts probably would be non-productive.  The psychiatrist determined that the applicant could distinguish right from wrong and that he possessed the mental capacity to participate in board proceedings

The applicant underwent a separation medical examination on 9 April 1969 and was found qualified for separation with an 111112 physical profile.  His examination also indicated that he had a “Personality disorder, paranoid personality, manifested by life-long history of suspiciousness, anxiousness, evasiveness, guardedness, low tolerance of frustration.  Stress: routine military duty.  Predisposition:  Life-long inability to trust people.  Condition:  unchanged.”
This evaluation also indicated this condition existed prior to his entry into the service.

The applicant’s Report of Medical History dated 9 April 1969 shows that the applicant was seen as a patient in New Jersey Neuro-Psychiatric Institute, Princeton (date unknown) for drug addiction and he was rejected for military service due to a drug addiction in Newark Jersey (date unknown).

On 6 May 1969, the applicant’s commander submitted a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-212, for unsuitability.  He cited as the basis for his recommendation the applicant’s evidence of a personality disorder, paranoid personality.

After consulting with counsel, the applicant waived his rights to a personal appearance before a board of officer.  He also waived representation by counsel and opted not to submit a statement in his own behalf.

On 12 May 1969, the separation authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate.
The applicant was discharged on 21 May 1969.  He had a total of 8 months and 17 days of creditable service.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

Army Regulation 635-212, in effect at the time set forth the basic authority for the separation of enlisted personnel.  In stated, in pertinent part, that individuals would be separated for unsuitability due to aptitude, character and behavior disorders, apathy, alcoholism, or enuresis and that the individual would be furnished an honorable or general discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s contentions that he had a history of drug abuse and was not afforded the opportunity to enroll in a drug rehabilitation program prior to his discharge; and was not provided treatment and was merely evaluated.  However, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions.

2.  The Board also notes that the applicant waived his rights to a personal appearance before a board of officers, waived representation by counsel and was afforded the opportunity to submit statements in his own behalf during the process, but declined to do so.

3.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

4.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

EMW____  HOF____  MVT____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020995	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990520	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19690521	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 110		
2.		
3.		
4.		
5.		
6.